Allied Yachting

CE Yacht Compliance Classification

29 March 2016

The CE Yacht Compliance Classification System is the European (CE stands for “ Conformité Européenne ” in French) dictating the standards for CE Certification for construction and sale of boats . Vessels in one of the categories of controlled products cannot be legally sold in the EU unless they have passed the tests to receive the CE Certification. This regulation applies to all yachts for sale and recreational craft from 2.5 to 24 meters, whether they are intended for navigation at sea or in inland waters. New or used boats coming from countries other than the Member States of the European Union are also subject to CE marking.

In 1994, the countries in the European Union adopted the Recreational Craft Directive (RCD), which they amended in 2003. This constitutes a single set of “harmonized” essential requirements for boats sold in any member country.

The compliance with the RCD is required by law in the European Union member countries, and third-party classification societies inspections and their certifications are required as part of the process of CE yacht compliance classification. Boats are given a CE certification at the end of the process, which confirms that they have passed and comply with the technical, construction, safety and legal requirements making them legally valid for sale in the European Union. In Europe, we call them commonly “CE compliant boats” .

CE certification required

Summary of the origin and CE yacht compliant classification and how certification works.

Since 1998, European legislation indicates that pleasure boats must carry the CE certification (or mark), requiring them to meet certain construction and safety standards. For this, the boats are classified into four categories according to their design and skills to face different sailing conditions depending on the wind force and wave height.

Knowing that the weather is a variable phenomenon, these categories are not intended to limit the distance boaters can sail away (this depends on onboard safety equipment), but rather to responsibly inform them about the capabilities of their boat to safely navigate based on the offshore weather conditions. For each vessel, the design category is characterized by a letter between A and D.

BEAUFORT scale

First, let’s start with the BEAUFORT scale. This scale gives you the status of the sea in order to plan your trips. It was the British admiral Francis BEAUFORT who imagined a scale with sufficiently precise criteria to quantify the wind at sea and allow the divulgation of reliable information universally understood. This scale consists of 13 degrees, from 0 to 12, which is remarkable in this scale is that it can assess the effect of wind on the surface of the sea.

We will focus on the scale with the forces of 6, 7 and 8 to our need for explanations. There is indeed a direct link between the Beaufort scale and the certification of yachts (see photo above of the scale to better understand the graduation of wind forces).

  • CE CLASS A yachts are designed for large sea voyages (everywhere), in which wind force may exceed 8 on the scale of BEAUFORT and waves can also exceed a significant height of 4 meters. These yachts are designed largely to be self-sufficient in this rather hostile environment. CAREFUL, in most cases, this is only theoretical.
  • CE CLASS B yachts are designed to travel off the coast (200 miles or less) in which the winds can be up to force 8 (not exceeding) and waves can reach a height up to 4 meters (not exceeding).
  • CE CLASS C boats are designed for travel close to the coasts and in large bays, estuaries, lakes and rivers in which winds can be up to force 6 (not exceeding) and waves may reach a height of 2 meters (not exceeding).
  • CE CLASS D boats are designed for cruises in protected waters, like small lakes, rivers and canals in which the winds can be up to force 4 and waves can reach a height up to 0.30 meter (less than 1 foot).

Rules of CE certification

The rules of CE certification for construction and sale of boats are designed to assess the structural strength and integrity of essential parts of the hull, the reliability, and function of propulsion, steering systems, power generation and all other features installed on board to help ensure the key essential services of the yacht.

You understand therefore that a CLASS A yacht respects a much more rigorous construction protocol than a CLASS B yacht and so on… Of course, it is strictly advised not to sail past a force 6 for pleasure yachting and no matter the class A or B. This is a matter of safety, comfort and pleasure being always present in your cruise.

To ensure recreational boating, always check the weather before each ride at sea and especially verify any potential changes every hour. In addition, you must always carry the safety equipment onboard depending on the type of navigation that you practice and the laws and regulations in the countries where you cruise, and feel free to be overcautious.

It is obvious that in case of bad weather, for example, it is better to find yourself onboard a CLASS A yacht, which will necessarily have a better safety margin, regardless of sea conditions… Before buying a new or pre-owned boat , always ask for the classification of your future yacht, this document is required for the new registration (in Europe).

A CE-Type Certificate (or homologation) is generally issued for production vessels manufactured in series by different shipyards , particularly European.

There are several classification societies capable of achieving the CE classification for construction and sale of boats , the main ones are RINA (Registro Italiano Navale), BV (Bureau Veritas), DNV (Det Norske Veritas), Germanischer Lloyd, LR (Lloyd’s Register).

Other societies and certifications

There are also other classification societies for vessels built or sold outside the EU such as ABS (American Bureau of Shipping) and NK (Nippon Kaiji). There are also other types of certifications such as the MCA (UK – Maritime and Coastguard Agency), which however is not a classification organization. We will write more articles on commercial classifications later.

Do not hesitate to contact us for any need for further information on the CE yacht compliance classification , our team at Allied Yachting is at your service.

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Demystifying yacht classification A, B, C, D

N.B. For your information, a more recent article was published on 24 Oct 2022 on the same subject, click here for direct access.

Beaufort_wind_scale

Demystifying yacht classification :  Class A, B, C and D

Since 1998, CE certification is required for all recreational boats entering or being sold in Europe obliging boat manufacturers to respect certain building and security standards.  Therefore, yachts ( boats ) are classified into four categories depending on their aptitude to confront navigational conditions taking into account both force of the wind and height of the waves.  The categories are not to limit the area and distance of navigation (that is defined by security equipement onboard) but  to  sensitize the owner and/or captain of the boats capacities to navigate in complete security.

Let us start with the Beaufort Scale.   A scale for classifying the force of the wind ranging from 0 (calm) to 12 (hurricane).   It was devised by an admiral in the British Navy, Francis Beaufort, to uniform the description of the effect of different winds at sea.

There is a direct link between the Beaufort scale and boat classification.   For discussion purposes, we will use only the 6, 7 and 8 forces.

A Class A yacht ( boat ) is a vessel that is built to navigate the open ocean and surpass a force 8 on the Beaufort scale and surpass waves higher that 4 meters.   These yachts are constructed to be self sufficient in hostile seas.

A Class B yacht ( boat ) is a vessel built to navigate on the offshore waters (200 miles and less) and can substain UP TO force 8 and waves UP TO 4 meters.

A Class C boat is a vessel built to navigate inshore such as lakes, rivers, bays and close to the shore and can sustain UP TO force 6 and waves UP TO 2 meters.

A Class D boat is built for protected or sheltered waters such as canals, rivers, small lakes and sustain a force 4 and waves UP TO .3 meters (less that 1 ft).

With this said, you can understand that the Class A yacht ( boat ) respects a rigorous building code more so than a Class B and so forth.    But regardless of the class, it is strongly discouraged to navigate in a force 7 for the reasons of safety and comfort as « pleasure » should always be on the agenda.  Always consult the weather forecast prior to leaving any port and check hourly the weather situation.

Classification is very important and should be on your question list before purchasing any boat or yacht.

Classification rules are developed to assess the structural strength and integrity of the essential parts of the hull, the reliability and function of the propulsion, steering systems, power generation and all the other features installed on board which contribute to guarantee the main essential services of yacht.

Also for a class A, the portholes will be more resistant against a sustained wave, the drains to evacuate the water more abundant and of good size, the joints of the hull more hermetic, in short everything is in place to prevent water from s’ infiltrate on board.

By way of information, let us quote for example all the Ferretti yachts (60 to 96 feet), Pershing (60 to 115), the Riva (44 to 122) are all of class A just like the Magellano range at Azimut including also the 66 Flybridge.

Ferretti yachts (500, 550, 670 fly and over), Pershing (7X and over), Azimut Yachts (62, 64, 66, 68 Fly and over, the Sport Series 7X and over, all Magellano) are Class A.  There are also other classifications such as RINA and American Bureau of Shipping, Bureau Veritas, Det Norske Veritas, Germanischer Lloyd, Lloyd Register, that are more precise regulations and we will cover this later in another article.

Below is the graph of the Beaufort Scale along with photos.

Do not hesitate to contact us for any additional information, team Ita Yachts Canada is at your disposal.

beaufort_force_3

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CE Certification

CE Certification is required for all recreational boats entering or being sold in the European Union. Manufacturers must test and document to ensure conformity to all applicable European directives and requirements. CE certification is obtained from Notified Bodies, organizations that are recognized by European states to conduct CE assessments and issue CE certification documents.

NMMA works closely with the International Marine Certification Institute (IMCI) , a notified body in Europe that issues conformity certificates, to assist U.S. boat builders in the certification process. Certification by a notified body enables you to display the CE mark on your products and allows you free and open access to the European Union market. 

CE Reference Files 

Directives and amplifying documents.

  • RCD.pdf [131.42 Kb]    
  • Directive 2003/44/EC Amending the Recreational Craft Directive and Comments to the Directive Combined [617.41 Kb]    
  • CC Papers [857.15 Kb]    
  • 2009 RSG Guidelines [1586.34 Kb]    
  • Compliance Matrix for Noise and Exhaust Emission Requirements [179.36 Kb]    
  • Instructions on completing the harmonized format for the Declaration of Conformity for Design, Construction and Noise [163 Kb]    
  • PCA General Information [38.83 Kb]    

ISO Standards Information

  • ISO Improvement Submittal Form [24.5 Kb]    
  • Working Group Nominations [83.5 Kb]    

General Information

  • Guidelines to Minimise Oil Spill and Emissions from Fuel Evaporation [170.76 Kb]    
  • EU Territories Map [190.24 Kb]    

Declarations of Conformity Templates

All recreational craft obtaining a “CE” mark for sale in European Union must carry a Declaration of Conformity with its technical documentation. This document has been under much scrutiny for the past few years by European authorities, surveillance groups and the Notified Body certification organizations. The recommended format for the Declaration of Conformity has now been produced and templates in 13 EU languages.  

CE Certification Documents

Declaration of conformity templates.

  • Austria [77 Kb]    
  • Belgium [66.5 Kb]    
  • Finland [91 Kb]    
  • France [156.5 Kb]    
  • Germany [107.5 Kb]    
  • Greece [170.77 Kb]    
  • Ireland [84.5 Kb]    
  • Italy [123.5 Kb]    
  • Netherlands [9.35 Kb]    
  • Norway [77.5 Kb]    
  • Poland [89 Kb]    
  • Portugal [45.5 Kb]    
  • Spain [80 Kb]    
  • Sweden [70 Kb]    
  • United Kingdom [84 Kb]    

Additional Documentation

  • Sound and Construction (Croatia) [168 Kb]    
  • Sound and Construction (German) [176 Kb]    
  • Sound and Construction (Spanish) [187 Kb]    
  • Sound and Construction (Finnish) [184 Kb]    
  • Sound and Construction (French) [113.5 Kb]    
  • Sound and Construction (Italian) [166 Kb]    
  • Sound and Construction (Dutch) [168.5 Kb]    
  • Sound and Construction (Norwegian) [165 Kb]    
  • Sound and Construction (Portuguese) [182.5 Kb]    
  • Sound and Construction (Swedish) [192.23 Kb]    
  • Sound and Construction (Turkish) [54.25 Kb]    
  • Sound and Construction (English) [164 Kb]    
  • Sound and Construction (Greece) [110.5 Kb]    
  • Draft - Exhaust Emission [58 Kb]    
  • Draft - Personal Watercraft (PWC) [50 Kb]    
  • Draft - Exhaust and Noise Emission [60 Kb]    
  • Draft - Sound and Exhaust (English) [66 Kb]    
  • Draft - Sound and Exhaust (French) [59 Kb]    

Inboard Engines

  • Declaration of Conformity for Inboard Engines [78.5 Kb]    
  • Declaration of Conformity for Outboard Engines [81 Kb]    

Instructions and Guides

  • Instructions on completing the harmonized format for the Declaration of Conformity for Design, Construction and Noise [203.16 Kb]    

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Scott Berry Senior Director, Engineering Standards 312.946.6254

Please also visit IMCI at www.imci.org .  

Chichester boat sales office now open!  Read more.

Insights, Advice, News

Ce categories: a brief explanation for boat owners (including 2023 update).

ce class a yachts

*This article was originally published in June 2021, before being updated in February 2022, and then again in November 2022, to reflect timeframe changes made by the UK government. The latest update was in August 2023, following the announcement that the CE mark will be recognised indefinitely. 

Whether you are a seasoned boat owner or in the market for the very first time, the decision-making process when purchasing a boat can certainly be an overwhelming experience. There is so much to consider – from available budgets and financing, to  licencing ,  insurance , storage and more.

However, your first decision will typically be focused on what type of boat you should buy. When researching the marketplace, you’re likely to come across various “categories”, so we felt it was important to explain what type of vessels fall under what category, and, of course, the implications…

Table of Contents

— A brief explanation of CE categories in Europe

— Brexit, boating, and the transition to UKCA categories

— CE & UKCA category A (Ocean)

— CE & UKCA category B (Offshore)

— CE & UKCA category C (Coastal & Estuary)

— CE & UKCA category D (Inland or Sheltered waters)

— The need for CE and UKCA certification

— Recognising a CE or UKCA certified boat

—  What boats do not require UKCA or CE certification?

— Advice on type of boats

A brief explanation of CE categories in Europe

In 1998, a Recreational Craft Directive (EU RCD) was introduced by the EU to satisfy its demand to establish design standards for recreational boats – specifically those vessels measuring 2.5 to 24 metres. As a result, all new and used boats being sold in Europe must be certified as conforming to one of four CE (Conformité Européenne, meaning European Conformity) categories: A, B, C and D. This obligation applies to newly built and imported boats and yachts.

These categories have been put in place to determine the seaworthiness of any vessel, based upon the wind force and typical wave height a boat would be expected to encounter and navigate when sailing in different environments.

Brexit, boating, and the transition to UKCA categories

The Brexit vote and the UK’s subsequent withdrawal from the EU has had a profound effect on multiple industries across the country, especially how we interact and collaborate with our cousins on the continent – and the UK’s boat sector is no different. After 24 years of working to the CE standards set out in the EU’s RCD, the industry now adheres to the  UK’s Recreational Craft Regulations  (UK RCR) and will need a UKCA mark.

The UKCA marking came into effect on the 1st of January 2021. However, many British manufacturers had already taken the opportunity to sufficiently prepare by using the new marking in the lead-up to the switchover. A further announcement from the UK government in August 2021 confirmed an extension to the date ending recognition of the CE mark in Great Britain. As a result, CE marked goods may now continue to be placed on the GB market until 31st December 2024.

In a statement,  UKAS (United Kingdom Accreditation Service) said (in August 2021) that whilst the extension is in place, the government is encouraging businesses to start using the UKCA mark as soon as possible.

Currently, the two sets of standards (EU RCD and UKCA) have the same requirements, which will initially make the transition somewhat seamless, however, we are aware things could change in the future. For more information, we recommend you take a look at this comprehensive article from trade magazine  Boating Business .

ce class a yachts

CE & UKCA category A (Ocean)

Designed to undertake long voyages, these vessels should be expected to withstand winds in excess of Beaufort Force 8, as well as substantial waves above 4 metres. This would include those superyachts you’d commonly see in Puerto Banus (or even the Solent , which welcomed Superyacht Zen in June), plus some larger yachts.

CE & UKCA category B (Offshore)

Falling within category B will be smaller yachts and cabin cruisers with offshore capabilities. These boats can withstand winds up to and including Beaufort Force 8, plus waves up to 4 metres high. Our category B boats include:

  • Intercruiser 29
  • Intercruiser 32
  • Intercruiser 34

CE & UKCA category C (Coastal & Estuary)

This group contains most tenders, open day-boats, smaller cruisers, bowriders and narrow boats. These vessels must be able to withstand winds of up to Beaufort Force 6 and waves up to and including 2 metres high. You’ll find that many of our customers – including those mooring at our marina – will be owners of category C vessels.

Our portfolio consists of:

  • Haines 32 Sedan
  • Haines 36 Sedan
  • Intercruiser 27
  • Intercruiser 28
  • Our entire  Interboat range
  • Our entire Coaster range
  • Our  Corsiva range  (apart from the 475)

CE & UKCA category D (Inland or Sheltered waters)

Finally, category D covers those vessels most suitable for sheltered waters, typically small lakes, canals, and rivers. The boats have been built to comfortably handle Beaufort Force 4 winds, and waves of up to and including 0.3 metres – most likely caused by other passing vessels. The majority of our boats are Cat C and above, but there is an option to have a Cat D version of some models which allows for more passengers, such as the Corsiva 650 .

The need for CE and UKCA certification

The four categories above have been largely put in place to provide a clear understanding of the capabilities of any individual boat, as well as a reflection of the   structural strength and the overall integrity of the vessel – including the hull, the power system (if there is one), and other  parts of the boat  (we have a useful guide to boat parts if you’re not entirely used to boating language!)

As you can imagine, you would be a lot safer and more comfortable on a Class A boat when experiencing rough weather and stormy waters. If you are taking a trip on a boat, don’t be afraid to ask for confirmation of the CE/UKCA Marking and subsequent class, as well as information on what safety equipment they have on-board.

Recognising a CE or UKCA certified boat

To comply with the relevant inspection (either CE or UKCA), a boat must have the following:

  • A Hull Identification Number (HIN), also known as a Craft Identification Number (CIN)
  • Identification plate, including maximum allowed load and UKCA/CE category
  • An owner’s manual featuring key information about the boat
  • A declaration of conformity from the boat builder, shipyard, or importer

What boats do not require UKCA or CE certification?

Not all boats need a UKCA or CE marking. For instance, those vessels that have operated in EU/EEA countries prior to June 1998, plus boats built for personal use only, are exempt. Other types of vessels include hydrofoils, traditional canoes, pedalos, kayaks, sailing surfboards, historical boats, racing boats and gondolas.

Advice on type of boats  

Looking for further guidance on different types of boats before making an investment? Get in touch with our experienced and friendly team. We are an independent business that prides itself on offering impartial advice. You can get in touch via our website , over the phone (01189 403211), or by visiting our beautiful marina ( map here ).

Announcement by the UK government on 1 August 2023

On 1 st August 2023, the Department for Business and Trade (DBT) announced its intention to recognise the CE mark indefinitely, in what the BBC called a “post-Brexit climbdown”.

As a result of this latest decision, British companies now have the option to either adopt the new UKCA symbol or keep the CE mark by seeking certification for their products from an accredited European body. In a statement , Business Minister Kevin Hollinrake explained the government had “listened to industry”, and the move will allow firms to “focus their time and money on creating jobs and growing the economy”.

The decision to recognise the CE mark indefinitely in the UK will simplify matters considerably, particularly for the boating industry. Bearing in mind that RCR (UK regulations) and RCD (EU regulations) were already mirroring each other, the reduction of an additional certification process is certainly welcome.

This latest change will streamline the sale of CE certified boats in the UK, allowing businesses like ours to focus more on quality, innovation and customer service. While we are ever adaptable to changes in regulations, this move aligns with the practical needs of the market. It’s a common-sense approach that is likely to be well-received across the sector.

The change in regulations was also welcomed by the Federation of Small Businesses who said the continued recognition of CE marked products would enable their members to concentrate on expanding their business both at home and internationally.

© 2024 Val Wyatt. All rights reserved.

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Yacht owners guide to Classification Societies

Classification societies (also known as ‘class’ societies) make an important contribution to maritime safety. Their engineers and surveyors, who are experts in the technical aspects of yacht construction and maintenance, have two distinct but related roles.

The first is to research, establish and apply standards for the design, building and maintenance of trading ships and yachts. Known as the ‘rules’ of the society, these standards are highly detailed and technical and cover the strength and integrity of the yacht’s hull, engines and key safety systems, but not aesthetic or operational elements.

The experts’ second role is to perform much of the ‘statutory’ inspection work – required by international conventions – for smaller nations that maintain a registry for flagging yachts, but do not have sufficient expertise of their own.

Occasionally, flag states may insist on a yacht being classed by an approved society, irrespective of size or use

The two roles can overlap. If a flag state’s technical requirements are sufficiently similar to a society’s rules, that society could undertake limited classification and statutory compliance responsibilities during a vessel’s construction, which saves re-inventing the wheel. Further, under the rules of the society, the flag state administration may have to be informed if a yacht falls foul of the rules, which, in turn, may invalidate the flag state’s equipment and safety certificates.

Societies often offer additional consultancy services, going beyond basic classification, during building and refits. It is also possible to have even fairly modest yachts built according to class rules, which are usually higher than those imposed by law and can boost resale value.

Compulsory classifications

Classification is voluntary, unless a flag state requires it, typically by virtue of the International Convention for the Safety of Life at Sea (SOLAS).

SOLAS demands that certain yachts be designed, constructed and maintained in compliance with the various requirements of a recognised society, or with the equivalent flag state requirements. This applies to yachts that undertake international passages on any sort of commercial basis, and which carry more than 12 guests, are of at least 500 gross tonnes, or both.

Occasionally, flag states may insist on a yacht being classed by an approved society, irrespective of size or use. In any event, classification is often needed to reassure any banks that hold security on the yacht and would otherwise have no way of ensuring that the asset is not depreciating excessively.

SOLAS demands that certain yachts be designed, constructed and maintained in compliance with the various requirements of a recognised society

Also, owners of larger yachts may also find it hard to obtain insurance at reasonable rates without classification. For the insurers’ peace of mind, policies commonly insist on the yacht being classed, and maintained ‘in class’, by a society agreed on by the underwriters, with all the experts’ recommendations being carried out as directed. If this is agreed to in the policy but then not adhered to, insurers could walk away without paying a penny in the event of a claim.

In fact, the societies were a product of the fledgling insurance industry. When this new sector was developing at the tables of Mr Lloyd’s coffee house in 18th-century London, it became apparent that the insurers’ knowledge of the ships they insured was less than perfect. As construction methods varied, the vessels were classed according to build quality and condition. The idea worked, and Lloyd’s Register was born. Insurance premiums could at last accurately reflect the risks, with higher build specifications and better maintenance being rewarded with lower premiums. Soon societies were being established around the world.

Today’s classification societies

There are now dozens of organisations worldwide providing classification services but only 13 make up the proudly self-regulating International Association of Classification Societies. Members are independent and non-profit-making and provide services to nearly all the world’s commercial and leisure tonnage. IACS itself also has the capacity to develop rules in conjunction with the International Maritime Organization.

Classification process

The initial process of classification involves assessments of drawing-board designs and attendance throughout construction or conversion. Once a survey has confirmed that these rules have been met, a certificate of classification is issued. This summarises the standards met, the broad intended use of the vessel and whether she should be used only in sheltered waters.

Crucially, the certificate is not an express guarantee of safety or seaworthiness, but merely evidence that the yacht meets certain standards.

Being maintained in class is achieved through regular surveys, which, to simplify matters, are carried out regardless of the yacht’s circumstances. Surveys performed to renew the classification, known as ‘special’ surveys, take place every five years, which can be extended by up to three months if necessary. The examinations can be surprisingly scientific in nature, with various tests conducted to assess the thickness of the hull, possible fractures and other forms of deterioration, as well as the condition of all the principal items of machinery and equipment.

The certificate is not an express guarantee of safety or seaworthiness

An intermediate survey is then carried out three months either side of the third anniversary. On top of this, annual surveys, which need not be so thorough, are conducted three months either side of the anniversary date.

Of course, yachts are often subject to modifications, as the owner’s whims and new regulations dictate. They may also be subject to heavy-weather damage, accidents and neglect. For these reasons, they are also be subject to ad hoc surveys.

Where any survey raises concerns, class can be suspended or withdrawn, depending on the nature of the problem. If it is rectifiable, the surveyor usually makes recommendations, known as ‘conditions of class’. Maintenance of the yacht in class then becomes conditional on the work being carried out.

A yacht may be suspended from class if the owner does not request a survey following an accident causing damage or following repairs or alterations, and will be suspended automatically if any of the regular surveys are overlooked. Class will then be withdrawn altogether following a six-month suspension.

Details of suspensions and withdrawals, and the yachts concerned, are published on the internet for all to see, including insurers.

Legal recourse

Class surveyors have made serious mistakes in the past which have led to large claims. Societies are seen as having deep pockets and their liability cannot be limited by international convention in the same way that an owner’s can.

Where a society provides consultancy services going beyond its conventional remit, it would almost certainly be responsible for its mistakes, subject to the contract terms. However, the courts take a tender view of mistakes made when providing traditional classification services.

Claims against a class society may be an uphill struggle, for the following reasons:

  • The primary legal responsibility for seaworthiness normally remains with the owner
  • Societies may specify where a yacht may operate, but they do not specify how she should be operated
  • The society may have expressly excluded liability where a contractual relationship exists
  • Surveys tend to involve selected sampling, rather than stem-to-stern inspections, and
  • A similarly high level of expertise is required to challenge their views. English courts have ruled out societies’ liability towards parties other than the owner. In 1985 a yacht called Morning Watch was sold with a valid classification certificate, but was so corroded that she was unseaworthy and worth considerably less than the buyer had paid. The buyer was unsuccessful in suing the society as the survey had not been requested by, or carried out for, the buyer, even though it had been undertaken with a purchase in mind. Societies could still be liable directly to an owner, however.
Although legal recourses against societies are limited, they have much to contribute to safety and can help maintain a yacht’s value

By contrast, some European courts take a less favourable view, with societies being found liable to third parties, although ‘gross negligence’ must have been displayed.

Where societies undertake work on behalf of flag states, they often benefit from their master’s state immunity. However, European Union legislation provides quality requirements where societies are working in this capacity, and this legislation does entertain the possibility of societies being made liable for gross negligence, but nothing less. Where an owner had failed to disclose something which a society would otherwise be anxious to survey, it is unlikely that the society would be exposed to any liability.

Although legal recourses against societies are limited, they have much to contribute to safety and can help maintain a yacht’s value. Classification should not, therefore, be seen as a pedantic exercise, performed just to keep insurers happy. The process brings to bear an independent and high level of expertise which should reassure present and prospective owners alike.

Benjamin Maltby is an English barrister with consultants MatrixLloyd, providing impartial guidance on all aspects of large yacht purchase, building, ownership and operation.

Originally published: May 2010 .

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